All deliveries and services to consumers within the meaning of § 13 BGB and to entrepreneurs within the meaning of § 14 BGB are made exclusively on the basis of these general terms and conditions (hereinafter referred to as "GTC"). A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur within the meaning of § 14 BGB is a natural or legal person or a legal partnership (a legal partnership is a partnership that is equipped with the ability to acquire rights and enter into liabilities) who, when concluding a legal transaction, exercise their commercial or independent professional activity.
All data protection requirements, in particular the requirements of the Telemedia Act and the Federal Data Protection Act, are observed by the company. Personal data of the customer are generally only stored for the processing and processing of the order and are not passed on to third parties. The customer has the option at any time to revoke the consent to the storage of his personal data given with the conclusion of the purchase contract in writing or in text form.
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last partial shipment or the last item.
In order to exercise your right of withdrawal, you must inform us (Atomic-Shop GmbH, Nürburgring-Boulevard 2, 53520 Nürburg, Germany, [email protected], telephone: 026916879995) by means of a clear declaration (e.g. a Letter, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You have to send or send the goods back to us or to Atomic-Shop GmbH (Auf der Struth 4, 53539 Kelberg, Germany) immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract to hand over. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. In the case of goods that, due to their nature, cannot normally be returned by post, the fee is EUR 60. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(If you want to cancel the contract, please fill out this form and send it back.)
If you finance this contract with a loan and later revoke it, you are no longer bound by the loan contract, provided that both contracts form an economic unit. This is particularly to be assumed if we are your lender at the same time or if your lender makes use of our cooperation with regard to financing. If we have already received the loan when the revocation takes effect, your lender takes on our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the present contract is for the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).
If you want to avoid a contractual obligation as far as possible, make use of your right of cancellation and also cancel the loan agreement if you also have a right of cancellation.
a) The following applies to consumers:
For defects in the new goods purchased from us, we assume liability for defects
during the statutory period. In the case of used goods, the liability for defects is
limited to 1 year from delivery of the goods. Further claims of the buyer, in
particular due to guarantees given for the quality of the product or due to
fraudulent concealment of the defect, as well as claims for damages and claims in
the event of injury to life, limb, health or gross negligence, remain unaffected.
The risk of accidental loss and accidental deterioration of the goods is only
transferred to the buyer when the goods are handed over to the buyer.
b) The following applies to entrepreneurs:
For defects in the new goods purchased from us, we assume liability for defects
during the statutory period. Liability for defects is excluded for used goods.
Further claims of the buyer, in particular because of guarantees given for the
quality of the product or because of the fraudulent concealment of a defect as well
as claims for damages and claims in the case of injury to life, body, health and
gross negligence, remain unaffected. The buyer has to inspect the goods immediately
after delivery by the carrier commissioned by us, at the latest within a period of 8
working days, insofar as this is possible in the normal course of business, and, if
a defect becomes apparent, notify us immediately. If the buyer fails to notify us,
the goods are deemed to have been approved, unless there is a defect that could not
be identified during the examination. If a factual defect is found later,
notification must be made immediately after it is discovered; otherwise the goods
shall be deemed approved even with regard to this defect. Timely sending of the
notification is sufficient to maintain the rights. The aforementioned regulations do
not apply if we have fraudulently concealed the defect. Visible or obvious transport
damage must be reported immediately to the shipping agent. Returns of any kind must
be made "free". The risk of accidental loss and accidental deterioration of the
goods is transferred to the buyer as soon as we have handed the goods over to the
freight forwarder, the carrier or the person or institution otherwise assigned to
carry out the shipment.
The content of this online shop was created by us with great care. Nevertheless, we often cannot foresee production-related deviations in technical information. If certain details are particularly important to you, please check them before any assembly.
The following applies to consumers:
Failure to comply with this instruction has no influence on your warranty claims. We
have to reserve the right to deviations in color and design, unless they are
essential for the product. In the case of willful intent and gross negligence, we
are fully liable for simple and slight negligence only insofar as these are
essential contractual obligations. Liability is limited to the typically foreseeable
average damage at the time the contract is concluded. Any further liability is
excluded. This limitation and limitation of liability also applies to our vicarious
agents. The aforementioned limitation and limitation of liability (both for us and
for our vicarious agents) does not apply to product liability claims or claims from
guarantee commitments that are specifically intended to protect the customer against
the damage that has occurred, as well as for damage that arises result in harm to
life, body and / or health. This online shop may contain links to other websites.
When the links were set up, we checked them and the content of the corresponding
websites for legality. We expressly point out that we are not responsible for their
appearance and their content. We expressly distance ourselves from all content on
linked websites, as we have no influence on their content. The operators of the
linked websites and their content are solely responsible.
In addition, only applies to entrepreneurs:
Things that are connected (assembled) to another thing must be adjusted before
assembly and checked for accuracy of fit. We will not assume any consequential
damage caused by non-compliance with this provision. Furthermore, you must inform
yourself about any conditions, restrictions and TÜV approvals and observe them
before concluding the purchase contract. In the event of non-compliance, we are not
liable for any costs and / or damage resulting from this.
The goods remain the property of the company until full and final payment has been made.
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